In a Washington DC auto accident, if the injured party shares any fault for the crash, the contributory negligence law prevents them from getting compensation. However, DC law allows vulnerable road users, including bicyclists, to seek compensation if they’re less than 51 percent to blame.
Bicycling in Washington DC offers a convenient, eco-friendly way to get around the city. Unfortunately, accidents can and do happen. And when they do, understanding the law and how contributory negligence affects bicycle accidents is key to your ability to recover compensation.
The experienced DC personal injury attorneys at Marks & Harrison have fought for injured individuals in the District of Columbia since 1911. We understand how physically, emotionally, and financially challenging life can become after an accident.
Call us today or contact us online for a free consultation with a bike accident attorney in Washington DC to learn more.
What Is Washington DC’s Contributory Negligence Rule?
Washington DC law includes a contributory negligence rule. When someone is injured in a collision caused entirely by someone else, they can pursue compensation for their injuries and accident-related losses from the at-fault party. However, if the injured party’s actions played any part in the accident at all, they cannot pursue compensation. If the evidence shows you are even 1 percent responsible for the accident, you cannot recover any damages.
Washington DC’s contributory negligence laws are unforgiving. Injured parties are often responsible for their medical bills and other costs, even if their role in the accident was minimal.
This harsh system differs from comparative negligence, which allows individuals to recover a portion of damages based on their degree of fault. However, in Washington DC, contributory negligence has historically left victims with no financial recourse, even for slight oversights or mistakes.
What Is the Washington DC Vulnerable User Recovery Act?
Fortunately, Washington DC, has amended its contributory negligence rule. The Washington DC Vulnerable User Recovery Act was passed to protect people who are more likely to suffer severe injuries in accidents, such as pedestrians, bicyclists, and scooter riders.
Under this Act, vulnerable users may still be able to recover compensation even if they were partially at fault for the accident. The key difference here is that the law provides more leeway for those using alternative forms of transportation. Bicyclists are specifically included in this category. That means that if you’re in a crash that was partly your fault, you might still be entitled to recover compensation, depending on the case’s specifics.
How Does the Vulnerable User Recovery Act Help DC Bicyclists Injured in an Accident?
The Vulnerable User Recovery Act gives bicyclists injured in Washington DC added protection. Previously, the strict contributory negligence rule left many injured cyclists without legal recourse – even when most of the fault for an accident that harmed them rested with a motor vehicle driver. Under the Vulnerable User Recovery Act, bicyclists have a better chance of receiving compensation for their injuries.
People in enclosed vehicles have the protection of a car’s structure and safety features in a crash. Bicyclists only get protection from a helmet and other safety gear. Given the bicyclist’s more inherent risks, the Act seeks to level the playing field by allowing bicyclists who may share a small part of the blame access to some compensation for their injuries.
For example, if you were riding your bicycle outside the bike lane and were hit by a distracted driver, you could still pursue compensation for your accident-related expenses and losses if you were found to be less than 51 percent at fault for the collision. Without the Act, you would have been unable to pursue any compensation at all, even if your degree of responsibility had been only 1 percent.
This law is especially beneficial in Washington DC, where crowded streets, heavy traffic, and a growing number of bicyclists make accidents more likely. Knowing that this legal protection exists can provide a sense of security for those traveling through the city on bicycles.
Who Has the Burden of Proof in a Washington DC Bicycle Accident Lawsuit?
In any bicycle accident claim, the burden of proof rests with the injured person. This means that if you’re a bicyclist seeking compensation after an accident, your attorney must show that the driver or other party was at fault for the crash in order for you to obtain compensation.
To build a strong case, injured cyclists or their legal team must collect convincing evidence, such as:
- Police reports – These reports typically offer an objective view of the incident from law enforcement.
- Witness accounts – People who witnessed the event can provide essential observations and details.
- Accident analysis – In some instances, specialists may analyze or recreate the accident to understand how it unfolded and who bears responsibility.
- Security footage – If the crash occurred near a business or home with cameras, video footage can be a critical piece of evidence to establish fault.
Proving fault in a bike accident case can be difficult due to Washington DC’s contributory negligence laws. However, the Vulnerable User Recovery Act reduces some pressure on bicyclists by allowing them to recover damages even if they share some of the fault. It still requires that you demonstrate the other party’s fault, but the threshold for complete exclusion from compensation is higher.
Contact a Washington DC Bicycle Accident Lawyer
If you’ve been in a bicycle accident in Washington DC, understanding how contributory negligence affects your case is crucial. At Marks & Harrison, we have been helping accident victims get the compensation they need to recover for over 100 years. Our exemplary track record shows that we understand how to maximize our clients’ financial awards. Plus, clients say we make “the process smooth and easy.”
With us on your side, you can rest assured that you have a compassionate and assertive legal professional team ready to protect you and your rights. Call us today or contact us online for a free consultation with a bicycle accident attorney in Washington DC.
